Under the guise of "environmental and noise protection", the Dutch government wants to reduce the capacity of the country's largest airport. Not only airlines, but also the International Air Transport Association (IATA) are up in arms. The latter also wants to take legal action against the resolutions.

It was previously known that a total of five airlines, including KLM, have applied for an injunction against the Dutch government's decision. IATA believes that the Netherlands' decision is in breach of EU law and they also intend to appeal.

It is not very often that the industry association takes states to court on behalf of its members. In this specific case, IATA takes the view that not only EU Regulation 598/2014 but also the Chicago Convention of the International Civil Aviation Organization is being broken. The latter would be a binding treaty signed by the Netherlands.

In addition, reference is made to Annex 16 of the agreement, which contains provisions for a balanced approach to aircraft noise management. The EU regulation in conjunction with Annex 16 requires that before decisions are made to reduce noise at an airport, the parties concerned must be consulted, the needs and concerns of local residents, the environment and the local economy must be balanced against the economic and social benefits of air transport and that ultimately flight reductions should only be enforced as a last resort.

The Dutch government is accused of failing to consult airport users. The flight restrictions are ordered without first considering the possible economic damage that the industry has suffered from the corona pandemic. “The Netherlands is hampering their economy by destroying connectivity. In doing so, they are in breach of EU law and their international obligations,” said Willie Walsh, Director General of IATA. Walsh noted that the Dutch government “has refused even to engage in meaningful consultation and has made reducing flights a target, rather than working with industry to meet noise and emission reduction targets while restoring employment and to revive the economy after the pandemic”. This set a "dangerous precedent" leaving IATA with no choice but to challenge the decision in court.